Habersham passes moratorium on adult entertainment

CLARKESVILLE - The Habersham County Commission has imposed a two-month moratorium on consideration of adult entertainment establishments.<br /> <br /> During a called meeting Wednesday, the commission voted to institute the moratorium to allow commissioners and county staff to review revisions "to facilitate the completion of and final adoption of the new Habersham County business regulations which include, but are not limited to, business licenses, business license fees, adult entertainment licenses and fees, and for other purposes."<br /> <br /> Following the meeting, Commission Chair Andrea Harper explained the commission action.<br /> <br /> "It's a 60-day moratorium until April, and that's to allow our staff to work through the adoption of some new rules on business fees, occupational license fees, and how that relates to where the business is going to be located in the county," Harper said.<br /> <br /> During a work session before the called meeting, commissioners heard from County Attorney Donnie Hunt and Building and Planning Director Tom Braswell.<br /> <br /> Braswell said the county's proposed ordinance takes care of one concern he has: non-profit adult entertainment.<br /> <br /> "They try to qualify as a 501(c)3 through a very interesting concept of calling themselves ministries," Braswell said. "Freedom of speech, freedom of expression ... you have to be very careful there. It's a stretch, but it's been tried."<br /> <br /> Braswell said the case that most interested him when he research the proposed ordinance was where a group came into Lithonia and tried to qualify as a non-profit adult entertainment.<br /> <br /> Braswell said the draft ordinance for Habersham County should stand the test of time.<br /> <br /> Hunt explained why it's important to revise the county's business regulations.<br /> <br /> "Right now, an adult entertainment business can go anywhere," Hunt told commissioners prior to Wednesday's vote.<br /> <br /> Hunt said modifications to the county's business regulations, which should come up for a county commission vote soon, would provide more guidance about where such establishments can locate.<br /> <br /> "It's placed in here so that at least in our comprehensive plan and our mapping schemes we can channel these to appropriate places without them causing tension between the various segments of the community," Hunt said. "It's in the public welfare interest to have it in appropriate places, just like commercial properties. It's not going to work having adult entertainment right next to a church or next door to an alcohol establishment."<br /> <br /> Hunt reminded commissioners they can't prohibit adult entertainment establishments.<br /> <br /> "That's one of those businesses that you have to be very careful with regulating, because the Supreme Court over the years has made quite a few attempts at explaining that, to some extent, there is some constitutional protection in that commercial speech. There are some protected rights to be able to have an adult entertainment business." <br /> <br /> Braswell said he and Hunt have researched successful regulatory ordinances.<br /> <br /> "I think what Donnie has put together there will work for us for years to come," Braswell said. <br /> <br /> The moratorium on adult entertainment applications is in effect until April 21.<br /> <br /> "All a moratorium does is to basically indicate that we're not going to accept applications for consideration," Hunt said. "We will accept applications to review them for content and all that so that they could be in the process of moving forward. We don't want people to not be able to move forward with it - it's just that the county will not actually consider that application until the moratorium is over." <br /> <br /> Also in the new regulations are a move from the county collecting strictly occupational taxes to a business license system, and the reorganization of the Habersham County Code of Ordinances to consolidate all business taxation.